32-5A-194
Section 32-5A-194 Chemical tests; admissible as evidence; procedure for valid chemical analyses;
permits for individuals performing analyses; persons qualified to withdraw blood; presumptions
based on percent of alcohol in blood; refusal to submit; no liability for technician. (a)
Upon the trial of any civil, criminal, or quasi-criminal action or proceeding arising out
of acts alleged to have been committed by any person while driving or in actual control of
a vehicle while under the influence of alcohol or controlled substance, evidence of the amount
of alcohol or controlled substance in a person's blood at the alleged time, as determined
by a chemical analysis of the person's blood, urine, breath, or other bodily substance, shall
be admissible. Where such a chemical test is made the following provisions shall apply: (1)
Chemical analyses of the person's blood, urine, breath, or other bodily substance to be considered
valid under the provisions of this section shall have been...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-194.htm - 6K - Match Info - Similar pages

32-6-49.13
Section 32-6-49.13 Implied consent to take test of blood, breath, etc.; administration of test;
refusal to take test; report of a law enforcement officer; sanctions; notice and hearing;
review; notification of other states. (a) A person who drives a commercial motor vehicle within
this state is deemed to have given consent, subject to provisions of Section 32-5-192, to
take a test or tests of that person's blood, breath, or urine for the purpose of determining
that person's alcohol concentration, or the presence of other drugs. (b)(1) A test or tests
shall be administered at the direction of a law enforcement officer, who after stopping or
detaining the commercial motor vehicle driver, has probable cause to believe that driver was
driving a commercial motor vehicle while having alcohol or drugs in his or her system. The
law enforcement officer shall test the driver at the scene by using a field breathalyzer or
other approved device, technique, or procedure approved by the Department of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-6-49.13.htm - 5K - Match Info - Similar pages

32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-191.htm - 34K - Match Info - Similar pages

32-5A-303
Section 32-5A-303 Notice of intended suspension. (a) If the chemical test results for a person
charged with a violation of Section 32-5A-191 show 0.08 percent or more by weight of alcohol
in the blood of the person, or the person refuses a test, the officer, acting on behalf of
the director, shall serve a notice of intended suspension personally on the arrested person.
(b) When serving a notice of intended suspension, the law enforcement officer shall take possession
of any driver's license issued by this state which is held by the person. When taking possession
of a valid driver's license issued by this state, the officer, acting on behalf of the director,
shall issue a temporary driving permit which is valid for 30 days after the date of issuance.
(c) A copy of the completed notice of intended suspension form, a copy of any completed temporary
driving permit form, and any driver's license taken into possession under this section shall
be forwarded within five days to the department...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-303.htm - 1K - Match Info - Similar pages

36-18-50
Section 36-18-50 Legislative findings. The Legislature finds, determines, and declares the
following: (1) Driving a vehicle while under the influence of alcohol or a controlled substance
continues to be a major problem on the highways of our state and causes the death or injury
of thousands of our citizens each year. (2) The Legislature should use whatever authority
is available to it to discourage driving a vehicle while under the influence of alcohol or
a controlled substance, including the levying of fines therefor at a level which will discourage
such activity. (3) Administering and implementing a quality chemical testing program for alcohol
and controlled substances is costly for the taxpayers and thus the convicted offender should
bear a greater portion of the financial burden of the chemical testing program at the state
and local level. (4) The chemical breath testing program conducted by this state has reduced
the number of deaths and injuries, and the program continues to be...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-18-50.htm - 2K - Match Info - Similar pages

32-5A-304
Section 32-5A-304 Period of suspension; relation to Section 32-5A-191. (a) A driving privilege
suspension shall become effective 45 days after the person has received a notice of intended
suspension as provided in Section 32-5A-303, or is deemed to have received a notice of suspension
by mail as provided in Section 32-5A-302 if no notice of intended suspension was served. (b)
The period of driving privilege suspension under this section shall be as follows: (1) Ninety
days if the driving record of a person shows no prior alcohol or drug-related enforcement
contacts during the immediately preceding five years. (2) One year if the driving record of
a person shows one prior alcohol or drug-related enforcement contact during the immediately
preceding five years. (3) Three years if the driving record of a person shows two or three
alcohol or drug-related enforcement contacts during the immediately preceding five years.
(4) Five years if the driving record of a person shows four or more...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-304.htm - 3K - Match Info - Similar pages

32-5A-191.3
Section 32-5A-191.3 Operation of vessel and other marine devices while under influence of alcohol
or controlled substances. (a) A person shall not operate or be in actual physical control
of any vessel, or manipulate any water skis, aquaplane, or any other marine transportation
device on the waters of this state, as the waters are defined in Section 33-5-3, under any
condition in which a person would be guilty of driving under the influence of alcohol or drugs
pursuant to Section 32-5A-191 if the person was driving or controlling a motor vehicle. (b)
In the case of a vessel or other marine device described in subsection (a), where a law enforcement
officer has probable cause to believe that the operator of the vessel or other marine device
is operating in violation of this section, the law enforcement officer is authorized to administer
and may test the operator, at the scene, by using a field breathalyzer or other approved device,
as a screening device, to determine if the operator...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-191.3.htm - 4K - Match Info - Similar pages

32-5A-306
Section 32-5A-306 Administrative review. (a) Any person who has received a notice of suspension
or a notice of intended suspension under this article may request an administrative review.
The request may be accompanied by a sworn statement or statements and any other relevant evidence
which the person wants the director, or his or her agent, to consider in reviewing the determination
made pursuant to Sections 32-5A-300 and 32-5A-302. (b) When a request for an administrative
review is made, the director, or his or her agent, shall review the determination made pursuant
to Sections 32-5A-300 and 32-5A-302. In the review, the director, or his or her agent, shall
give consideration to any relevant sworn statement or other evidence accompanying the request
for the review, and to the sworn statement of the law enforcement officer required by Section
32-5A-301. If the director, or his or her agent, determines, by a preponderance of the evidence,
that the person drove or was in actual physical...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-306.htm - 3K - Match Info - Similar pages

32-5A-191.4
Section 32-5A-191.4 Ignition interlock devices. (a) As used in Section 32-5A-191, the term,
"ignition interlock device" means a constant monitoring device that prevents a motor
vehicle from being started at any time without first determining the equivalent blood alcohol
level of the operator through the taking of a breath sample for testing. The system shall
be calibrated so that the motor vehicle may not be started if the blood alcohol level of the
operator, as measured by the test, reaches a blood alcohol concentration level of 0.02. (b)
The ignition interlock device shall be installed, calibrated, and monitored directly by trained
technicians who shall train the offender for whom the device is being installed in the proper
use of the device. The use of a mail in or remote calibration system where the technician
is not in the immediate proximity of the vehicle being calibrated is prohibited. The Department
of Forensic Sciences shall promulgate rules for punishment and appeal for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-191.4.htm - 12K - Match Info - Similar pages

32-5A-307
Section 32-5A-307 Administrative hearing. (a) Any person who has received a notice of intended
suspension pursuant to Section 32-5A-303 or a notice of suspension pursuant to Section 32-5A-302
where no notice of intended suspension was served may request an administrative hearing. A
request for an administrative hearing shall be in writing and shall be hand delivered or mailed
to the Alabama Department of Public Safety, Driver License Division, in Montgomery, Alabama.
The request shall be received by the department or be mailed and postmarked within 10 days
of the notice of intended suspension issued pursuant to Section 32-5A-303 or the notice of
suspension issued pursuant to Section 32-5A-302 where no notice of intended suspension was
served. Failure to request an administrative hearing within 10 days shall constitute a waiver
of the person's right to an administrative hearing and judicial review under this article.
If the driver's license of the person has not been previously...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5A-307.htm - 3K - Match Info - Similar pages